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Ipso Jure
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30327644     DOI : https://doi.org/10.62872/55p1zf80
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and researchers to address contemporary legal issues and trends that shape societies globally. All articles are published under the Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0), ensuring free access and reuse with proper attribution. Focus Ipso Jure focuses on exploring current and emerging legal challenges that influence the development and application of the rule of law. The journal seeks to publish original research that offers innovative perspectives, rigorous analysis, and practical insights into legal systems, theories, and practices. By fostering interdisciplinary and comparative approaches, Ipso Jure aims to contribute to global legal scholarship and promote dialogue among diverse legal traditions. Scope The journal welcomes original research articles, theoretical analyses, and policy reviews that address issues and trends in the following areas of law: Administrative Law Agrarian Law Banking Law Civil Law Commercial Law Comparative Law Constitutional Law Corporate Law Criminal Law Cyber Law Economic Law Environmental Law Human Rights Law International Law Legal Philosophy and Theory Legal Sociology Types of Contributions Ipso Jure primarily publishes original research articles (3,000–5,000 words) that present empirical findings, theoretical insights, or critical analyses. The journal also considers high-quality review articles or policy analyses that align with its scope and contribute significantly to legal scholarship. All submissions undergo a rigorous double-blind peer review process to ensure academic quality and integrity, as outlined in our Publication Process. Audience The journal targets a global audience, including: Legal scholars and researchers seeking to advance knowledge in law. Legal practitioners addressing practical challenges in their fields. Policymakers and government officials shaping legal frameworks. Students and educators exploring contemporary legal issues. Commitment to Open Access As an open access journal, Ipso Jure ensures that all published content is freely accessible to readers worldwide without financial or legal barriers. Authors retain full copyright of their work, and articles are licensed under CC BY-SA 4.0, promoting the widest possible dissemination and reuse of research. For submission details, please refer to our Author Guidelines. For questions about the journal’s focus and scope, contact the editorial team at nawalaedu@gmail.com.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 170 Documents
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Corporate Compliance with ESG (Environmental, Social, and Governance): Perspectives on Business Law and Good Corporate Governance (GCG) Herry m polontoh; Taqyuddin Kadir
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25czhf80

Abstract

This study examines the urgency of integrating Environmental, Social, and Governance (ESG) principles into Indonesia's business law framework in response to global demands for sustainable corporate practices. Through a normative juridical approach, this study analyzes the disharmony of national regulations, especially between Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 32 of 2009 concerning Environmental Protection and Management, and sectoral regulations from the OJK such as POJK No. 51/POJK.03/2017. The results of the study show that although ESG principles are beginning to be accommodated in some legal instruments, they are still administrative, sectoral, and do not have a strong binding force judicially. This has an impact on weak corporate accountability in carrying out environmental and social responsibility as part of Good Corporate Governance (GCG). This research emphasizes the importance of ESG codification as a positive legal norm that can be enforced through the supervision and accountability mechanism of the board of directors. Comparative studies with practices in the European Union and OECD show that the successful implementation of ESG is highly dependent on the existence of prescriptive norms and integrated monitoring systems. Therefore, the reformulation of Indonesian corporate law is crucial to realize inclusive, sustainable, and accountable business governance
Legal Analysis Of Corporate Social Responsibility In Mining Companies Su’udi Su’udi; M. Syahrul Borman; Nur Handayati
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/paabzx13

Abstract

This study analyzes the implementation of the law on Corporate Social Responsibility (CSR) obligations in mining companies in Indonesia. Although CSR has become a legal obligation regulated in Law No. 40 of 2007 concerning Limited Liability Companies and Government Regulation No. 47 of 2012, its implementation still faces various obstacles, including weak supervision and ineffective legal sanctions. The research method used is normative legal research with a legislative and conceptual approach to evaluate the effectiveness of regulations in ensuring companies' compliance with their social responsibilities. The results of the study show that the implementation of CSR in the mining sector tends to be an administrative formality without providing real benefits to the surrounding community. In addition, the incompatibility between national regulations and international standards such as ISO 26000 creates legal loopholes that allow companies to circumvent their CSR obligations. The government needs to strengthen the supervision mechanism, set clearer indicators of CSR success, and implement stricter sanctions for companies that violate legal provisions. Community participation is also an important factor in supervising and evaluating CSR programs in order to provide a more sustainable social and environmental impact..
Legal Analysis Of Franchise Agreements In The Culinary Sector Based On The Regulation Of The Minister Of Trade In Indonesia Rakhmad Wiwit Dianto; Nur Handayati; M. Syahrul Borman
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/n13y2a39

Abstract

This study analyzes the legal aspects of franchise agreements in the culinary sector based on the Regulation of the Minister of Trade No. 71 of 2019. Franchising as a rapidly growing business model in Indonesia presents legal challenges related to contract transparency, legal certainty, and the balance of rights and obligations between franchisors and franchisees. This study uses a normative legal approach by analyzing laws and regulations, legal doctrines, and franchise business practices in Indonesia. The results of the study show that although the regulation has provided a clear legal framework, its implementation still faces obstacles, especially in the aspect of supervision and understanding of business actors regarding their rights and obligations. The franchisor has protection over intellectual property rights and operational control, while the franchisee is guaranteed through the franchisor's obligation to provide technical support and training. However, weak supervision and lack of legal education for franchisees still cause unfair practices in franchise agreements. Dispute resolution through arbitration is preferable to litigation because it is faster and more flexible, but cost constraints and procedural understanding are still major obstacles. Therefore, it is necessary to strengthen regulations, increase supervision, and legal education for business actors so that franchise agreements can run more transparently, fairly, and provide legal certainty for all parties involved..
Legal Protection Of Trademarks In The Business Competition Of The Fashion Industry In Indonesia Bagus Putra Wicaksono; Sri Astutik; Vieta I Cornelis
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/e8yj3s28

Abstract

Legal protection of trademarks in the fashion industry has a crucial role in maintaining the identity and competitiveness of products in the midst of increasingly fierce business competition. This study aims to analyze the effectiveness of existing regulations in protecting trademark rights and identify challenges in their implementation in the digital era. The research method used is a normative juridical approach by analyzing laws and regulations, court decisions, and policies related to trademark protection. The results of the study show that although Law Number 20 of 2016 concerning Trademarks and Geographical Indications has provided a comprehensive legal framework, its implementation still faces obstacles, especially in terms of supervision of trademark infringement, lack of legal awareness among business actors, and suboptimal brand protection in digital trade. Strengthening legal protection requires a revision of regulations that are more adaptive to technological developments and strengthening dispute resolution mechanisms, including the implementation of online mediation platforms to reduce the burden of litigation. In addition, optimizing the role of the Directorate General of Intellectual Property (DJKI) through digitization of brand registration and technology-based supervision such as blockchain is a strategic step in increasing the effectiveness of legal protection. Legal education for business actors and the public must also be improved to build awareness of the importance of brand protection as a business asset with economic value. A more holistic and collaborative approach between governments, industry associations, and non-governmental organizations, the legal protection system for trademarks can be more effective, innovative, and in accordance with the dynamics of the fashion industry in the era of globalization.
The Implementation of Restorative Justice for Misdemeanor Crimes after Perpol No. 8 of 2021 Ichsan Sjuhudi; Abd Razak Musahib
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3hw99x77

Abstract

This study analyzes the application of restorative justice to minor crimes in the Indonesian criminal justice system, especially after the issuance of Police Regulation No. 8 of 2021. The shift from a retributive approach to a restorative approach is a response to the failure of the conventional criminal system in achieving substantive justice and overcrowding in correctional institutions. The research method used is normative juridical with a statutory and conceptual approach. The results of the study show that restorative justice has strong theoretical legitimacy through the concept  of reintegrative shaming and normative support from Law No. 11 of 2012 and Perpol No. 8 of 2021. However, its implementation faces juridical and institutional challenges, especially related to the hierarchy of norms, accountability, and the understanding of law enforcement officials and the public towards the concept of restorative justice. It also found potential irregularities if there is no strict supervision of the peace mechanism outside the formal process. Therefore, there is a need for harmonization of regulations, integrated training for officials, and the participation of civil society in the supervision of implementation. This study recommends the reform of the Criminal Code and the establishment of inter-institutional regulations to ensure that restorative justice becomes a valid, effective, and just approach in national criminal law enforcement.
Law as a Tool for Decolonizing Knowledge: A Critical Study of the Legal Education Curriculum in Indonesia Md Shodiq
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/z3hmwe28

Abstract

The legal education system in Indonesia is still trapped in a colonial epistemological structure that inherits the legalistic and positivistic mindset of the Dutch legal system. The dominant curriculum model places law as a tool of state power and ignores the diversity of local legal systems, such as customary law, Islamic law, and community practices. This epistemic inequality results in a distance between the legal theory taught and the legal reality experienced by society. Through a normative juridical approach, this study analyzes Law Number 20 of 2003 concerning the National Education System (UU Sisdiknas) as a legal basis for efforts to decolonize the legal curriculum. Article 3 and Article 38 paragraph (2) of the National Education System Law provide normative legitimacy for the integration of local values, legal plurality, and interdisciplinary approaches in legal education. The decolonization of legal knowledge should encourage a change in the curriculum from technocratic to emancipatory one, by emphasizing social justice, community participation, and the critical awareness of law students. Legal education needs to present law as an instrument of social transformation, not just a procedural norm. By adopting progressive legal thinking and Southern epistemology, Indonesian legal education can contribute to a more democratic, inclusive, and equitable legal system. Curriculum reform is a strategic agenda to dismantle colonial hegemony and build legal awareness that is contextual and on the side of the people.
Restorative Justice in the Digital Era: Criminal Law Mediation Through Online Platforms Henny Saida Flora; Henry Aspan
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/mb21wr19

Abstract

The paradigm transformation of criminal law enforcement from a retributive to a restorative approach reflects a response to the weaknesses of the conventional justice system that is rigid, slow, and lacks space for victim recovery. Restorative justice (RJ), as a dialogue-based and reconciliation-based approach, has been accommodated in Indonesian law through the SPPA Law and several other administrative regulations. However, the adoption of this approach in general criminal cases and its implementation online still faces serious legal challenges. This study uses a normative juridical method to examine the urgency of regulating digital-based criminal mediation (restorative justice digital/RJD) within the framework of the national criminal law system. The study focused on the limitations of the applicable positive law, the validity of the results of online mediation, the protection of personal data, and the potential for inequality of access for vulnerable groups. The findings show that without comprehensive and integrative regulation with the principle of due process of law, the implementation of the RJD risks violating constitutional rights and undermining the legitimacy of restorative justice itself. Therefore, it is necessary to synchronize criminal law norms, procedural law, the ITE Law, and the PDP Law to form an adaptive, inclusive, and accountable legal framework. The RJD can be a strategic innovation in criminal law reform, as long as it is carried out with legal certainty and strong human rights protection
Development of Indicators of Abuse of Statements (Misbruik Van Omstandigheden) in Indonesia Afif Khalid
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hg97ch98

Abstract

This article explores the development of the doctrine of abuse of circumstances (misbruik van omstandigheden) within Indonesian contract law, primarily shaped through judicial decisions rather than explicit statutory regulation. The doctrine serves as a critical mechanism to assess the validity of agreements and prevent injustices arising from one party exploiting unfavorable situations during contractual formation. The study delves into various scholarly perspectives surrounding abuse of circumstances as grounds for contract cancellation, emphasizing three key aspects: the positional relationship of the parties at the time of contract formation, the fairness and formulation of the agreement, and the moral implications involved. Despite its recognized importance, the absence of clear legal provisions creates challenges in consistently identifying and adjudicating such abuses. The article argues for necessary reforms within the Indonesian Civil Code to codify specific indicators and criteria that can reliably distinguish cases of abuse, thereby enhancing legal certainty and fairness. Ultimately, the research underscores the urgent need for strict and clear regulatory frameworks to minimize divergent interpretations that could undermine justice and contractual security in Indonesia's evolving civil law landscape.
The Phenomenon of Startup Investment and Minority Investor Protection: A Legal Analysis of Asymmetric Risk Herry m polontoh; Yusnita Yusnita; Loso Judijanto; Suhermi Suhermi
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25ep0607

Abstract

The rapid growth of the startup industry in Indonesia has raised new legal issues related to the protection of minority investors in a dynamic and institutionally unestablished ownership structure. This study analyzes how the risk of information asymmetry in the relationship between founders and investors creates inequality in legal relations that weakens the position of minority investors. Through a normative juridical approach, this study examines the effectiveness of the provisions in Law Number 40 of 2007 concerning Limited Liability Companies, especially Articles 61, 62, and 114, in providing substantive legal protection. The results of the study show that the existing legal mechanism is not fully adaptive to the complexity of the startup investment model, especially due to the weak application of fiduciary duty principles and the lack of application of good corporate governance principles. On the other hand, the practice of investment agreements often affirms the dominance of the majority shareholders through exploitative clauses. Therefore, a legal reformulation is needed that is able to bridge this normative vacuum, through the strengthening of hybrid legal instruments and responsive sectoral regulations. This research recommends legal policy reforms that emphasize the balance of interests, transparency, and substantive justice to create an inclusive, sustainable, and economically democratic startup ecosystem.
The Urgency of Waqf Land Certification in Ensuring Legal Certainty of Land Rights Aisyah Aisyah
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4z6b7p84

Abstract

The prevalence of uncertified waqf land in Indonesia shows the weak legal protection of religious assets in the national land system. The absence of a certificate makes waqf land vulnerable to disputes, unauthorized transfer of rights, and difficulty in proving legal status in court. This study aims to examine the normative aspects of waqf land certification and its urgency in ensuring legal certainty. The method used is a legislative and conceptual approach, by analyzing regulations such as Law No. 41 of 2004 concerning Waqf, Law No. 5 of 1960 concerning Agrarian Principles, and Government Regulation No. 24 of 1997 concerning Land Registration. The results of the study show that although the legal norms of waqf are available, their implementation has not been effective due to the disharmony between the waqf law and the national land system. Waqf land certification should not only be seen as an administrative obligation, but also as a juridical instrument for the protection of waqf assets. Regulatory harmonization and institutional coordination between the Ministry of Religion and BPN are needed, including the integration of digital systems such as SIWAK and PTSL. Thus, waqf land certification is a strategic step in realizing a national legal system that is fair, integrated, and responsive to religious and social values.  

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